Triangle HR are deeply saddened at the recent loss of our beloved Queen; a truly remarkable and inspirational woman.

As an employer, we wish to allow our team the opportunity to pay their respects as they may wish, and mark the final day of the period of national mourning.  As such, our offices will be closed on Monday 19th September 2022.

Monday 19 September is the date of Her Majesty Queen Elizabeth II’s State Funeral, and as such has been declared a national bank holiday.  Many individuals, businesses and other organisations will want to pay their respects to Her Majesty and commemorate Her reign, but naturally, employers must understand how this will impact their business and workforce.

There is no statutory obligation for employers to allow time off for bank holidays, however this will be determined by the contractual arrangements in place. For example, if an employment contract provides twenty (20) days holiday plus bank holidays, the employee will be entitled to an additional day’s leave.  However, should the contract state “twenty (20) days plus eight (8) bank holidays, they will not.  Similarly, if the holiday entitlement is stated as ‘including‘ bank holidays, there is no obligation on the employer to provide an additional day’s leave.

In any case, even if your employees are not contractually entitled to the extra bank holiday, you may wish to provide an additional day’s leave in the circumstances.

Holiday entitlement itself, is not the only consideration, as an employment contract may also cover requirements for normal working on bank holidays, and rates of pay or Time Off in Lieu (TOIL) should your employees be required to work on those days.

The Government have outlined their expectation for employers to respond sensitively to requests from workers who wish to take the day of the funeral off work, however employers will need to balance this with the needs of the business, and the legal contract in place.

With the Jubilee celebrations, we have seen two additional bank holidays this year, which means many employers have had to consider their preferences and legal obligations.  With the coronation of King Charles III yet to come, and the possibility of future additional bank holidays, you may wish to consider reviewing and amending existing terms and policies, to reflect the needs and wishes of your business.

Should you require any assistance in relation to the period of national mourning, the additional bank holiday, or amendments to your documents, please don’t hesitate to contact our team on 01743 444007 / 01952 981007, or by email to admin@trianglehr.co.uk.

Usually, an employee can self-certify a period of sickness for up to 7 calendar days only, before being required to provide medical certification for Statutory Sick Pay (SSP) purposes, from the 8^th day.

Medical certification normally takes the form of a Statement of Fitness for Work, otherwise known as a ‘fit note’.

However, to take the pressure off GPs during the current push on Covid Booster Vaccinations, the Government introduced new rules on Friday 17^th December, meaning that employees should not be required to provide medical certification for SSP purposes, for absences of up to 28 days.   This applies to any sickness absence that commenced on or after 10^th December 2021 and continues up to and including 26^th January 2022.

The 28-day period still includes non-working days, such as weekends and bank holidays, and we recommend that employers still require employees to provide self-certification for this period.

Should you have any queries regarding this temporary change, please don’t hesitate to contact us on 01743 444 007 or 01952 981 007, or by email to admin@trianglehr.co.uk.

With the recent easing of Coronavirus restrictions, positive cases of Covid-19 have increased dramatically, leading to what is known as the ‘ping-demic’.  As a result, and with more and more people returning to their normal place of work, it is inevitable that many employers will face positive cases occurring in the workplace.

Here, we have provided some guidance on how these situations can be handled, should they arise, along with measures that can reduce the impact on the business and your employees.

Guidance

Ensuring that your Company is following Covid secure guidelines can reduce the risk of co-workers having to self-isolate if someone tests positive. A few things you can do to help with this are:

• Encourage your employees to use the NHS COVID-19 App
• Complete a workplace Covid risk assessment, and provide a copy to all employees
• Increase the ventilation in the working environment
• Insert Perspex screens between those working closely together
• Clean the work surfaces more often
• Maximise the distance between colleagues

Close Contacts

A close contact is someone who has been in contact with a positive case from two (2) days before, and up to ten (10) days later. You are identified as a close contact if:

• You live in the same household as a positive case, or someone you live with has Covid symptoms
• You have had face-to-face contact within 1 meter of a positive case
• You have been within a meter of a positive case for a minute or more, without face-to-face contact
• You are the sexual contact of a positive case
• You have been within 2 meters for more than 15 minutes of a positive case. This can be in one go or amount to 15 mins throughout the day
• You have travelled in the same vehicle and/or plane as a positive case.

NHS Track and Trace do not deem someone as a close contact if the interaction with the positive case was through a Perspex screen.  This is something to bear in mind when seating employees within the working environment.

Positive Employees

If you have an employee who has tested positive for COVID-19, you should call the Self-Isolation Service Hub on 020 3743 6715 as soon as you are aware of the test result.

You will need to provide them with the 8-digit account ID that has been given to the positive employee, along with the names of any co-workers who have been in close contact.

Those employees that you believe may be a close contact, but are not 100% sure, should self-isolate until you get clarification from the Hub.

You can ask that employees provide you with a Track and Trace Isolation note for evidence.

Consideration for Positive and Self-isolation Cases

If your employees that have tested positive or are having to self-isolate due to being a close contact, there are a number of options that can be considered:

• Enable them to work from home, if possible
• Allowing them to use some of their annual leave entitlement
• Treat as sickness absence, paying Company Sick Pay (CSP) or Statutory Sick Pay (SSP)

(Please note that employees are to be paid SSP at a minimum, from their first day of isolation.  Employers with under 250 employees can reclaim SSP payments)

 This guidance is due to change for double-vaccinated employees from 16^th August 2021, so keep your eye out for further updates!

  If you need further guidance or advice, please contact our team of consultants on 01743 444007 or email us at info@trianglehr.co.uk

Mental health and wellbeing is a topic of increasing focus, which is hardly surprising given the unprecedented and extremely challenging time that everyone has faced with the Covid-19 pandemic.

Triangle HR are therefore very pleased to have partnered with Penny Knight of Umbrella Health and Safety, in order to provide high-quality, affordable training in mental health awareness and first aid.

Penny is a qualified and experienced Mental Health First Aid Instructor, and you can find more information on her background, experience and specialisms via our Team page.

Further details on the courses available, along with pricing structures, can also be found via the link to Umbrella Health and Safety’s website below.  There you will also find a short, but informative video from Penny, providing more details on the individual courses, as well as the significant benefits of having employees who are knowledgeable and trained in mental health awareness.

https://www.uhas.co.uk/adult-mental-health-first-aid

As an additional benefit, Triangle HR are able to provide discounts of up to 10% on standard course fees for our clients, and further cost-savings may also be available for those looking to arrange group sessions for 6 or more employees.

As always, our team is on hand to discuss any specific requirements, whether that be for group remote sessions, attending an open course with Umbrella Health and Safety, or arranging a bespoke course for one, or more companies, so please don’t hesitate to contact us on 01743 444007 or at info@trianglehr.co.uk.

As many of you will likely have seen in the media, the Government announced on 31st October that the Coronavirus Job Retention Scheme (CJRS), which was due to cease that day, would be extended up to December, in view of the new National Lockdown implemented from 5th November to 2nd December 2020.  A further announcement the following week, then confirmed that the CJRS would continue up to 31st March 2021.

The level of financial support available, at least up until 31st January 2021, will be the same as it was in August 2020; this being that the Government will reimburse 80% of wages, for any hours not worked, up to a maximum of £2,500.00 (proportional to the hours not worked).  As was the case in August, Employers will be responsible for NIC’s and minimum auto-enrolment pension contributions.  The level of support has not yet been determined beyond January 2021 as this will be subject to further review.

The continued CJRS is available for employers and employees who have not previously accessed the scheme, however employees must have been on payroll as at 30th October 2020.  In addition, employees can be flexibly furloughed, or placed on full-time furlough, for any duration, although each claim period must be for a minimum of seven (7) consecutive days.

Employees may be furloughed where they are unable to work because they:

• are shielding in line with public health guidance (or need to stay at home with someone who is shielding)
• have caring responsibilities resulting from coronavirus, including employees that need to look after children

It is also possible to retrospectively furlough employees from 1st November, however any such arrangement must be agreed, in writing on, or before, Friday 13th November. 

Those who were employed and on payroll as at 23rd September 2020, who stopped working for their employer after that date, may be re-employed and included in a CJRS claim.

At this time, employers can claim for furloughed employees who are serving a notice period, however, the update published on 10th November suggested that the Government were reviewing this eligibility.  A further update to the guidance, issued on 13th November, confirmed that employers will no longer be able to claim for those employees serving a contractual or statutory notice period, for claim periods starting on or after 1st December 2020 (this includes those serving notice of retirement or resignation).   If an employee subsequently starts a contractual or statutory notice period on a day covered by a previously submitted claim, the employer will need to make an adjustment.

Although there is much advice being issued for employers to issue notice prior to 1st December where applicable, employers should bear in mind that employees at risk of redundancy should be consulted with fully on alternatives, before a final decision is reached on whether or not to issue notice of redundancy.  Failure to do so, in order to maximise a claim for funding, will not override this obligation.

To clarify, when making an employee redundant, employers should base statutory redundancy and statutory notice pay on their normal wage, rather than the reduced furlough wage.

In terms of the reference pay, this will be based on existing calculations for employees who have previously been furloughed, however those being furloughed for the first time, will have reference pay based on 80% of the wages payable in the last pay period ,ending on or before 30th October 2020 (or, for those whose pay varies, 80% of the average payable between 6th April 2020, or their employment start date (if later) and the day before the furlough periods begins).

The deadline for claims in relation to periods on or before 31st October 2020, is 30th November 2020 and these will be based on the applicable contributions at those times.

As a result of the extension to the CJRS, both the Job Support Scheme JSS) and Job Retention Bonus (JRB) have been postponed, with further reviews pending.

From December 2020, HMRC will publish the names of employers who have made claims under the CJRS for the month of December onwards, and for Companies and Limited Liability Partnerships (LLPs), the company registration number will also be published. 

If you would like any further information at this time, or advice and guidance on how this affects your business, please contact our team on 01743 444007 or email us at info@trianglehr.co.uk.

Further to our previous update on the Government’s Job Support Scheme (JSS), the Government has recently announced significant changes to the grant support programme which are likely to be welcome news for many employers!

The scheme comprises of two support routes, dependent upon the circumstances affecting the business; for employers facing decreased demand, the Job Support Scheme Open (JSSO) will apply, whereas those businesses that are legally required to close their premises, will be able to access the Job Support Scheme Closed (JSSC).

Job Support Scheme Open (JSSO)

The JSSO is aimed at giving employers the option of keeping their employees in a job on reduced hours, rather than making them redundant.

On Thursday 22nd October, the Government announced the following key changes to the JSSO; providing much needed additional financial support to businesses from 1st November 2020;

• The minimum hours required for employees to work has dropped, from 33% to 20%
• The ’employer’ contribution for non-worked hours has reduced from one third (1/3) to just 5%

The employer will continue to pay their employees as normal for the hours worked and, alongside this, the employee will receive 66.67% of their normal pay for the hours not worked – this will be made up of contributions from the employer and from the Government. The employer will pay 5% of reference salary for the hours not worked, up to a maximum of £125 per month, with the discretion to pay more than this if they wish.  The Government will pay the remainder of 61.67%, of reference salary for the hours not worked, up to a maximum of £1,541.75 per month.

This will ensure employees continue to receive at least 73% of their normal wages, where they earn £3,125 a month or less.

Employers using the JSSO will also remain able to claim the Job Retention Bonus (JRB) is they meet the eligibility criteria.

Job Support Scheme Closed (JSSC)

The JSSC is designed to help employers that have been legally required to close their premises as a direct result of coronavirus restrictions, set by one or more of the four governments of the UK, by supporting the wage costs of employees who have been instructed to cease work in such premises.

Each employee who cannot work due to these restrictions will receive two thirds (2/3) of their normal pay, paid by their employer and fully funded by the government, to a maximum of £2,083.33 per month, although their employer has discretion to pay more than this if they wish .

It is anticipated that this will protect employee incomes, limit unemployment and retain employer-employee matches so that these premises are able to reopen as quickly as possible when circumstances allow.

Employees may also be entitled to additional financial support, including Universal Credit.

Further Information of the JSS

The Job Support Scheme will be open from 1st November 2020 and run for 6 months, until 30 April 2021. The government will review the terms of the scheme in January 2021.

Employers will be able to claim in arrears from 8th December 2020, with payments made after the claim has been approved. Neither the employer nor the employee needs to have benefitted from the Coronavirus Job Retention Scheme to be eligible for the Job Support Scheme.

Further guidance on the steps that employers need to take to calculate and make a claim to the Job Support Scheme will be published by the end of October.

Considerations and HR Perspective

As has the been the case throughout the Covid-19 pandemic, the ever-changing situation impacts the employment relationship greatly, and it’s important to ensure that any action taken is fair, and legally complaint.

As was the case with the Coronavirus Job Retention Scheme (CJRS), an amendment to the Terms of employment, in line with the JSS, must be agreed and confirmed in writing. Employers should understand and consider if they have a contractual right to apply lay-off or short-time working with reduced pay, and if so, the terms of the JSS would be preferable to Statutory Guarantee Payments only.

Furthermore, the increase in funding may also impact on the rationale and necessity for making redundancies, and employers should take care in their decision-making with this regard.   For those that are currently undergoing consultation for potential redundancies, it is important to show that they have considered and consulted on the recent changes, and to present a justifiable reason as to why the change in funding is unable to prevent job losses, if this is the case.

For more information on the scheme, or advice and support for employment matters, please contact our dedicated team on 01743 444007 or at info@trianglehr.co.uk.

So, the Government have responded to calls for additional support, following closure of the unprecedented ‘Coronavirus Job Retention Scheme (CJRS)’ at the end of October 2020, and have released preliminary information on their new ‘Job Support Scheme (JSS)’.

Scheme Purpose

The JSS is aimed at protecting viable jobs in those businesses facing lower demand over the coming months, due to the impact of Covid-19; providing financial support on their road to recovery.

When is the Scheme Available, and for How Long?

The JSS will be in place from 1st November 2020 and is currently intended to run for a period of six (6) months, ending 30th April 2021.

Funding

With the JSS, the Employer will be responsible for paying the employee their contracted wage for any time worked, with the remainder of their normal working hours being funded equally by the Government, Employer and the Employee, based on their usual pay.  The Government contribution will be capped at £697.92 per month.

Initially, and at least for the first three (3) months of the scheme, the employee must work a minimum of one third (1/3) of their normal working hours, meaning they will receive no less than 77% of their normal pay, where the Government contribution has not been capped.  After 3 months, the Government may increase this minimum hours threshold.

It is expected that employers cannot top up their employees’ wages above the two-thirds (2/3) contribution to hours not worked, at their own expense.

The following is an example of how the funding will work;

The employee works two (2) of their five (5) normal working days (amounting to 40%) which the employer pays for.  This leaves a balance of three (3) days (60%).  The 60% is then split 3-ways, with the employer, the JSS, and the employee each covering 20%.   In total, the employer is therefore paying 60% of the employee’s normal wage (40% for time worked, plus 20% of the remaining hours).

The employer remains liable for Class 1 employer NICs and pension contributions which cannot be claimed via the grant.

As is the case with Flexible Furlough, employers will be able to rotate use of the scheme for individual employees and amend the working patterns in line with business needs, however, each period of ‘short-time working’ must be for at least seven (7) days.

Employers who access the JSS will still be able to benefit from the Job Retention Bonus, if they meet the eligibility criteria.

Which Businesses will Benefit from the JSS?

The scheme will most likely benefit those employers who are using ‘Flexible-Furlough’ currently, as the new scheme provides funding to support roles that have reduced work volumes, however, neither the employer nor the employee needs to have previously used the CJRS.   For those who are unable to provide any working hours to employees, there will be no further assistance for ‘lay-off’ beyond 31st October 2020.

The grant is available to employers of all sizes who have a UK bank account and UK PAYE scheme, however, for large businesses, the funding will be subject to a financial assessment test, evidencing that their turnover is lower now than before they were experiencing difficulties from Covid-19.  There is also an expectation that, when accessing the scheme, large employers will not be making capital distributions (dividend payments, share buybacks etc).  There will be no financial assessment test for small and medium enterprises (SMEs).

Which Employees are Eligible?

To be eligible for the scheme, an employee must have been on an employer’s PAYE payroll, on or before 23rd September 2020, meaning a Real Time Information (RTI) submission notifying payment to that employee, must have been made to HMRC on or before this date.

Claiming the Grant

Grant payments will be made on a monthly basis, in arrears, reimbursing the employer for the Government’s contribution. Employers will be able to make a claim online through Gov.uk from December 2020.

“Usual wage” calculations will follow a similar methodology as the CJRS with full details to be set out in guidance shortly.  Employees previously furloughed, will have their underlying usual pay and/or hours used for this calculation, not the amount they were paid whilst on furlough.

Requirements and Conditions

As is the case with the CJRS, employers must agree the new short-time working arrangements with their employees and where necessary, make any changes to the employment contract by agreement; notifying the employee in writing. This agreement must be made available to HMRC on request.

Employees cannot be made redundant or, put on notice of redundancy, during the period for which their employer is claiming the grant for them.

Please note that at this time, further guidance is yet to be published on the Job Support Scheme.

Although many may have suspected a toughening of guidelines in response to the increased spread of Covid-19, the Government announcement made yesterday (22nd September) serves as no less of a blow for businesses attempting a recovery from the lockdown during the summer months.

The following is an overview of the key measures being taken, which, according to the Prime Minister, could be in place for up to six (6) months;

Home Working

A key element affecting a great number of businesses, is the change in emphasis on work location, reverting back to the ‘work from home where possible‘ message.  Although some employers have continued with this approach throughout,  others have spent significant time, energy and resource into returning to the workplace in recent months.  In either case, this undoubtedly impacts on operational activity and future plans for many organisations.

It is important to note that home-working should be undertaken where an employer (in consultation with their employee) judges that they can carry out their normal duties from home.  Where this is not possible, employees should continue to attend at their normal place of work, but employers must also remain up-to-date and compliant on their obligations to ensure a safe working environment for all – adhering to the COVID-19 secure guidelines.  It is also important to give extra consideration to those employees at higher risk.

Hospitality and Leisure Industries

A number of other changes will impact heavily on the hospitality and leisure industries, one that has already been hit hard by the ongoing pandemic and, for some, the impact of Covid-19 only proved to compound the business interruption sustained from localised flooding during the winter months.

The good news however, is that these businesses can remain open, with the following conditions in place;

• From Thursday 24th September, hospitality venues selling food or drink, must remain closed between 10pm and 5am (take-away delivery services can continue after 10pm)
• As of 24th September, premises selling food and drink to be consumed indoors, will require customers to eat and drink at a table
• Table service must also be used for ordering and serving food and drinks in licensed venues
• Hospitality staff and customers must wear face-coverings at all times, other than when seated to eat or drink

Wider Business Community and Public Areas

Other areas of guidance affecting businesses generally, include;

• From 24th September, there will be a need to display the official NHS QR code posters for customers to ‘check-in’ at different premises, once the app is rolled out nationally (as an alternative to providing their contact details)
• As of 28th September, organisations will face stricter rules to make their premises COVID Secure
• A wider range of leisure and entertainment venues, services provided in community centres, and close contact services will be subject to the COVID-19 Secure requirements in law (with fines of up to £10,000  for repeated breaches).
• Employers must not knowingly require, or encourage, someone who is being required to self-isolate to come to work
• Businesses must remind people to wear face coverings where mandated
• From 24th September it will be a legal requirement for face coverings and visors to be worn in close contact services
• The wearing of face covering remains advised for those working on public transport and taxi drivers, and they must be worn by customers in private hire vehicles and taxis

Please note that a fine of £200 may now be issued for a first offence, to those who fail to wear a face covering where required, or break the ‘rule of six’.  Those who are already exempt from the existing face covering obligations, for reasons such as an underlying health condition, will continue to be exempt from these new obligations.

Social Gatherings and Events

The following updated rules regarding social gathering and events, will also impact significantly on both our personal lives and our business activities;

• From 24th September, support groups must be limited to a maximum of 15 people
• As of 24th September, indoor organised sport for over 18s will no longer be exempt from the ‘rule of six’ (there is an exemption for indoor organised team sports for disabled people)
• From 24th September a new exemption will be in place in those areas of local intervention where household mixing is not allowed, to permit friends and family to provide informal childcare for children under 14
• From 28th September, the number of people permitted to attend weddings, civil partnership ceremonies and receptions will be reduced from 30 to 15 (permitted attendance at funerals remains at 30)
• As of 28th September, all other significant standalone life events will be subject to the ‘rule of six’ limits
• Plans to re-open business conferences, exhibition halls and large sporting events with effect from 1st October have now been postponed

Continued Good Practice

The following practice continues to be a ‘fundamental’ tool in fighting the spread of Covid-19 and should be encouraged in the workplace;

• HANDS – Wash hands regularly and for at least 20 seconds
• FACE – Cover face in enclosed spaces, especially where social distancing may be difficult and contact will be made with different people
• SPACE – Stay 2 metres apart where possible, or 1 metre with extra precautions in place

These measures apply to England and there may be different rules if you live in an area under local lockdown.  If you are in Wales, Scotland or Northern Ireland, different rules may apply.

With changes in employment legislation and court decisions that have been made over recent years, it is clear that managing ill-health in the workplace can be extremely time-consuming and costly for employers, particular those running smaller business where the impact of absence, and the allocation of resources to manage it, can be much greater.  Added to this, employees are generally more aware of their legal rights and the obligations on their employers, resulting in managers and business owners failing to address health or well-being concerns promptly, for fear of ‘getting it wrong’.

As well as managing absence effectively when it occurs, there are many simple things that an employer can do to improve well-being at work, and ultimately reduce absenteeism before it happens.  There are other mutual benefits in doing so too, such as a healthier, more motivated and valued workforce, increased job-performance and improved staff retention.

On 10th October 2018, the CIPD are holding an event at Shrewsbury Town Football Club that focuses solely on well-being in the workplace, with guest speakers, access to themed workshops and an opportunity for business networking.

From our experience of managing sickness and injury in the workplace, there is much that can be gained from taking even small steps towards a proactive and positive approach to well-being.  At a cost of just £15.00 for CIPD members and £30.00 for non-members, this could be a great event for those of our clients that may be interested in understanding how to start, or continue good practice in this area.

Please refer to the link below for further information or to book your place at this event.

CIPD Flyer – Well-being Event – 10th October 2018

Should you require Consultant support or advice in relation to your business or a specific workplace issue, or be looking for a practical workshop in this subject area, tailored to your organisation, please do contact our team at Triangle HR.

Here at Triangle HR, we’re thrilled to be celebrating ten years since first opening our doors in August 2008!

With an ever-growing portfolio of clients both regionally and nationally covering a wide range of sectors, we’re immensely proud to have continued to go from strength to strength – with our client base having increased by a massive 60% over the last three years alone.

Triangle HR’s MD, Justine Vaughan, explained: “To be celebrating ten years in business is fantastic. Having started out on my own back in 2008 following over two decades working within Human Resources, to having a team of highly qualified HR experts working alongside me, fills me with tremendous pride.

“This anniversary is even more special as we are also celebrating the promotion of Nikki Hall to Operational HR Director. Having started with Triangle in 2012 as an HR Consultant, Nikki has been an integral part of the business ever since and has been instrumental in driving forward its growth and development. Her new role is absolutely testament to the passion and commitment she’s shown over the past six years, and we’re all thrilled for her.”

With over 65 years’ experience across all aspects of human resources, employment law and management training, our team continues to enhance our offering for the benefit of our clients – with last month seeing the launch of our brand new website. We’ve also recently introduced a new range of services offering different levels of support, including an innovative modular support package which provides ‘light support’ for those companies that are more self-sufficient, as well as more on-site assistance for larger companies seeking greater integration of outsourced support

“Our strapline at Triangle HR is ‘professional support, personally delivered’, and we pride ourselves on our highly personal approach, which sees us deliver a truly flexible service perfectly suited to our clients’ needs. We work hard to get to know our clients and their business so that we don’t just offer a one size fits all solution, but something that will really work for them – with our team offering an extensive range of skills, experience and resources. We’re hugely excited about the future for Triangle HR and in celebrating many more milestones in the months and years to come,” Justine concluded.